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A defendant has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and has had his jail term increased to ten years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in Provence in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her knowledge”, where the husband was recruiting men to visit his house to assault his wife once he had sedated her into a deep sleep.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that consent is individual, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained directly and not through someone else from a husband.”

Background

The ex-husband, a notorious sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for sedating his spouse and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and Dogan was the sole individual to contest his verdict. He was first sentenced to nine years in prison, a punishment raised on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had initially sent the husband graphic images and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the hearing, informed the court that the accused had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to claim he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the room, his behavior had been acceptable.

The jury in the higher court was presented with visual proof of the victim's unconscious figure, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation on several occasions over a duration of what police said was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that lady.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by onlookers present to support her, said to the defendant in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you consent? Never.”

The victim, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The public is perhaps in the course of that, perhaps driven by the collective awareness resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire disturbing societal structure that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was caught by authorities for dealing drugs and his parent kicked him out the family house. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was married and had a child with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had repeated extramarital activities beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a evaluator that annually he engaged in paid sex on his birthday. His legal representatives stated to the court he had joint inflammation resulting from the pressure of the original case.